Mirkarimi’s lawyer asks for a change of venue

As jury selection gets under way in the domestic violence trial against San Francisco Sheriff Ross Mirkarimi, his attorney requested a change in venue this morning.

“Extensive pre-trial publicity and the unique factors of this case make it difficult to seat a fair and impartial jury or inoculate a panel from publicity,” said Lidia Stiglich, Mirkarimi’s lead defense attorney.

“Even if we could get a fair panel, we cannot keep them from the press coverage that is sure to flow throughout,” she said. “These are problems we wouldn’t have in another county.”

Ross Mirkarimi

A lawyer for Sheriff Ross Mirkarimi said because of extensive press coverage he can't get a fair trial. Paul Chinn/The Chronicle

Mirkarimi faces three misdemeanor counts of domestic violence battery, dissuading a witness and child endangerment related to an alleged incident in which prosecutors say he bruised the arm of his wife, Eliana Lopez, during an argument on New Year’s Eve.

Mirkarimi pleaded not guilty, and Lopez said publicly that her husband did not abuse her. Prosecutors are relying heavily on a videotape taken by a neighbor of the couple New Year’s Day in which they say that Lopez displays the bruise and tearfully recounts the alleged incident.

A legal battle is pending before the Court of Appeal over the admissibility of the video.

The trial court judge has not ruled on the defense’s change of venue request.

District Attorney George Gascón’s office is reviewing the defense’s request to move the trial out of San Francisco and has yet to take a position.

“The first concern is that the defendant needs to have a fair trial. Part of having a fair trial is to make sure we have a jury that is unbiased. And if that’s what it takes, then we’ll do so,” Gascón said.